(Bangkok, 16 May 2009) The Asian Forum for Human Rights and Development (FORUM-ASIA), which represents 42 member organizations in Asia condemns the charges leveled against Burmese democracy leader, Daw Aung San Suu Kyi, by the military authorities. FORUM-ASIA calls for an unconditional and immediate release of Suu Kyi, her two aides and around 2,100 political prisoners and urges ASEAN to demand the military authorities to end Suu Kyi’s 13-year detention.

The new charges are said to be in connection with the recent intrusion of an American citizen, John William Yettaw, who swam across Inya Lake and entered the home of Suu Kyi uninvited. He was also not prevented from doing so by the guards. Suu Kyi allegedly failed to report to the authorities about the matter. According to Burmese’s State Protection law, it is mandatory to notify the military authorities about any overnight visitor and foreigners who spend the night in a Burmese home.

On 14 May, Suu Kyi and her two aides were taken from her home and sent to the notorious Inseon Prison on a charge of breaching the conditions of her house arrest order. They appeared before a special court and were charged under article 22 of the State Protection law. Their trial is scheduled for 18 May. The State Protection Act is frequently used against democratic activists. Other members of National League for Democracy (NLD) party have been imprisoned for similar offences.

We have received reports that Suu Kyi is in poor health and has recently been on an intravenous drip. Her doctors have been repeatedly prevented from giving her the care that she requires and her personal physician was arrested a few weeks ago.

“What happened to Suu Kyi is very upsetting. More over, the basis of the new charges is outrageous” said Yap Swee Seng, the Executive Director of FORUM-ASIA. He added that her imprisonment is illegal under international law.

Therefore, FORUM-ASIA strongly calls for ASEAN leaders to immediately take a firm stand by urging Burmese authorities to release Aung San Suu Kyi unconditionally, while demanding that they urgently respect the principles of rule of law, good governance, and democracy as stipulated in the ASEAN Charter, which entered into force on 15 December 2008, said Yap.

“The behavior and abuse of the military authorities is totally unacceptable and must be urgently terminated without delay. The regime must be held accountable. ASEAN country leaders have the responsibility to protect the rights of Burma People by sending an envoy immediately to Burma to ensure the release of Aung San Suu Kyi and other political prisoners. The Burmese government must observe the protection of human rights spelt out in the ASEAN Charter,” he stressed.

Suu Kyi has been under house arrest for almost 14 of the last 19 years at her home in Rangoon. Her house arrest contravenes Articles 9, 10 and 19 of the Universal Declaration of Human Rights, as well as the State Protection Act under which she was initially charged in 2003. This act allows for a maximum of five years' detention, which means that she should have been released in 2008.

This incident is said to be a ploy of the Burmese authorities to prevent her participation in the coming state elections in March 2010. The authorities intend to prohibit any controversy in the elections by prolonging her detention and delaying her release.